Section 75 claim advise

mrdee0

Hello,

Have timeline as below. I feel like the bank is going around in circles and putting the onus on me to reach a resolution. In brief sofa's delivered May 25 purchased from high street furniture store. Reported a fault by email and personal visit same day. That began a long process with no help from trader so made section 75. Bank requested an independent expert report which showed 75 manufacturing faults on both sofa's. Its now March and bank asking me to give trader benefit of doubt and reach a resolution.

I'm stuck on what I should do now? Small claims court?? Ombudsman? I also want my independent report costs back as it costs me hundreds [bank told me to get the report]

See history in brief:

Sofa delivered 19th May 2025

Emailed: I am writing to claim this fault and reject this sofa.

Personal visit made.

No response.

20th May Visited Shop.

I was told that the back armrest may not have been fully pushed down by the installers and to try and push it myself.  If any issues to call the store and a service guy would come and try.

May 21

The engineer confirmed that the sofa arm was stuck and could not be moved lower to meet the bottom arm rest.  He also observed the problem with the gaps in the arm caused by this defect.  He took some photographs and informed me that he would let the shop know of the problem and action will be taken to rectify the problem.

No further responce from retailer.

Emailed on June 7th: no responce

Visit shop 21st June - was told I would get a call the following week.

Visited shop 12th July: told me I would get a call for sure.

September 22nd - email sent

September- recorded delivery sighned for letter sent by post asking for a resolution

20 Nov Contacted bank to pursue section 75 claim

6th oct: bank asked for more info

31st oct:: asked for the same evidence again

31st Oct independent report requested.

Took time to find and book someone- closed case whilst I find someone.

13th Jan 2026: independent report sent to bank showing 75 manufacturing faults.

8th Feb: Askled for independent report! Told them check your files. They found it!

9th feb: they said they need to contact the report provider. Then they will contact merchant.

13th March: bank said they sent independent report to merchant. Merchant told them they didnt get it! Bank sent it to them again. They also claim that trader has tried to contact me! Also trader claims they did not get my recorded letter that was sighed for.

18th March: Bank tells me to contact the trader to find a resolution. That I should give the trader benefit off the doubt.

Called trader a few times- same story as before- they never pickup the phone.

Woodstok2000

Can you speak to thr bank and find out what they would need in order to proceed with the claim?

You do need to give the retailer the benefit, but it seems like you've been extremely patient with them so far, and there has to be a stopping point somewhere.

mrdee0

Oh yes I have ongoing secure message comms with the bank [so its a good audit traill] and always end with 'what else would you like me to do to proceed with this'. The latest message was they wanted an update from me as to whether I have reached out to the retailer. To which I replied that I called them 3 times and they didn't pick up the phone. I then mentioned my patience and that the non-coperation of retailer had led me to file the claim! Then ended with - 'What else would you like me to do to proceed with this?'. Latest responce 'let me look into this for you'…..

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81936888#Comment_81936888

There is no legal requirement to give the retailer any benefit, S75 makes the bank jointly and severally liable. It's only S75a where you must have dealt with the retailer before you can force the bank to deal with it.

Put a complaint into the bank, you arent obliged to deal with the merchant.

mrdee0

Thank you kindly. The bank have now told me that they have now sent a message to the retailer to ask them to refund me. As if they are the person in the middle and not responsible and I have to wait for the retailer [who are never going to respond or will delay responding for a few months.]

I feel the bank do not understand thier role in a section 75.

I think I have now reached stopping point.

A Complaint to bank will go first.

Second will allow a response from bank and then look to notice before action in small claims…

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81948079#Comment_81948079

As you say, the response from the bank does seem odd, in the context of s75 holding them jointly and severally liable with the merchant - which bank is it?

And I'd suggest escalating to the Financial Ombudsman Service if a formal complaint to the bank doesn't yield results - it's free and simple and doesn't prevent you from subsequently resorting to court later if still unsatisfied.

Grumpy_chap

Something seems very odd in the message the OP reports "sent a message to the retailer to ask them to refund me."

I wonder if that has been poorly phrased by the bank or misunderstood.

Are the bank saying they are treating this as a chargeback?

eskbanker

Are the bank saying they are treating this as a chargeback?

That thought crossed my mind too but OP says the claim was made on 20 November, about six months after delivery, which is outside chargeback timescales, although their chronology does look a bit confused, as they also say that the bank asked for further information on 6 October!

Chargeback is a much simpler process though and wouldn't involve anything like the amount of toing and froing between bank and retailer that's mentioned by OP, although likewise that wouldn't normally be part of a s75 claim…

mrdee0

Good morning,

In reply to the two posts-Section 75 claim was made 6 months after delivery. Previous to that I was attempting to resolve with retailer including personal visit phonecalls and finally a recorded delivery letter to them prior to making a section 75 claim to the bank [Chase Bank who I have the credit card with].

Now they have pasted a responce from retailer which says they have been trying to call me since May and I never respond and they want to now arrange collection of sofa and then will look to refund me.

Then the bank will 'consider' refunded the cost of the independent report they requested.

I've asked bank for a final responce from them- if they accept or reject my claim and told them if rejected I will raise with FOS.

Diaz09

The fact they're asking the retailer to refund rather than processing the Section 75 claim directly is a red flag - banks are jointly liable under Section 75, not just middlemen chasing refunds. After all this time and with an independent report showing 75 faults, you've done more than enough to satisfy your obligations. I'd be drafting a formal complaint letter stating you expect them to process the claim within a reasonable timeframe or you'll escalate to FOS.

mrdee0

Good morning,

Yes as I said yesterday I asked them for a final responce and if rejected would be contacting FOS.

As soon as I did that I had a message to say they have now completing the investigation and will refund me cost of sofa & report and I can dispose of the sofa!

Then I got a phonecall for the first time and they asked me to accept thier solution and whether they could now 'close the complaint'.

Hmm well Section 75 is not technically a complaint so that didn't make sense. I told them refund the money first before I can allow the claim to close.

I still will be making a formal complaint to them as its been handled poorly especially when they asked me to discuss things with the retailer whom I had been issues for a few months before I resorted to section 75.

The issue could have been sorted in Jan when they recieved the independent report to prove an issue with the sofa.

Thank you kindly to respondents to the postings -very helpful.